M/S.Nishna Indane v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO W.P. No.42347 of 2018 ORDER:

The petitioner claims that he was allotted L.P.G. distributorship by Indian Oil Corporation on 2802.2018 with a condition that he should undertake construction of LPG storage godown and showroom. He claims to have obtained lease of land in Survey No. 36/ EE, to an extent of Ac.020 gts., in Loyapally Village, Manchal Revenue Mandal, Ranga Reddy District under Loyapally Gram Panchayat. He also claims to have obtained land conversion from agriculture to non agriculture and Explosive approval letter from the Controller of Explosives, Secunderabad on 03.04.2018. The petitioner claims to have made a representation on 07.04.2018 and on 21.05.2018 seeking No Objection Certificate for construction of Indane gas godown and showroom. 2.

The present writ petition is filed alleging that the respondents are not giving the No Objection Certificate to the petitioner. 3.

The material on record as well as the averments in the affidavit filed in support of the writ petition would clearly show that the petitioner has not applied for building permission to construct the storage godown, but sought for a No Objection Certificate to undertake construction. There is no provision for issuing No Objection Certificate for building construction. A person intending to undertake building construction has to apply in proper form, by enclosing the relevant documents, for obtaining building permission. As it is not a residential building, the application of the petitioner has to be forwarded to the Director of Town and Country Planning for approval and only then the building permission can be granted. Thus, as of now, since the petitioner

has not submitted any application for grant of building permission, the relief asking for No Objection Certificate, which is not permissible under law, cannot be granted.

4.

Accordingly, the writ petition is dismissed, leaving it open to the petitioner to submit an appropriate application for building permission, as required by the laws governing the building permissions in the Gram Panchayats. No costs. Miscellaneous petitions pending, if any, stand closed.

______________ P.NAVEEN RAO, J Date: 26.11.2018 DMG